Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 25 November 2014), February 1752 (17520218).

Old Bailey Proceedings, 18th February 1752.

THE PROCEEDINGS AT THE SESSIONS OF THE High Court of Admiralty, ON THE King's Commission of OYER and TERMINER, FOR. Trying Offences committed on the High Seas within the Jurisdiction of the Admiralty. HELD AT JUSTICE-HALL in the OLD-BAILEY, On TUESDAY the 18th of FEBRUARY, 1752,

BEFORE THE Right Worshipful Sir Thomas Salusbury , Knt. L.L.D.

JUDGE of the HIGH-COURT of ADMIRALTY; The Hon. Mr. Justice Gundrey; the Hon. Mr. Baron Smythe ; and Others named in the Commission.

LONDON:

Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1752.

[Price Six-Pence.]

THE PROCEEDINGS AT THE

SESSIONS of Oyer and Terminer and Goal-Delivery, for the Admiralty of ENGLAND, &c.

BEFORE the Right Worshipful Sir THOMAS SALUSBURY , Doctor of Laws, Knt. the Hon. Mr. Justice GUNDREY, the Hon. Mr. Baron SMYTHE , and others of his Majesty's Justices of Oyer and Terminer and Goal Delivery for the Admiralty aforesaid.

The court being sat, proclamation was made for silence, and his Majesty's commission for holding the said sessions was read: then the names of the persons summoned to appear on the Grand Jury being called over, the following gentlemen were sworn:

Edward Withers Winnell , Foreman,

Thomas Farmer ,

William Barbara ,

John Newton ,

Alexander Sidney ,

John Harris ,

Frederick Bull ,

John Davenport ,

Stracey Till ,

John Hopley ,

George Clarke ,

Joseph Clare ,

William Bonham ,

Samuel Stone ,

Andrew Ward ,

Richard Pepys ,

Peter Dutton ,

Samuel Tough ,

Nathaniel Bentley ,

William Golding ,

William Wright .

To whom the Judge gave an excellent and learned charge; after which they retired for a little while, and returning into court with a true bill against Captain James Lowrey , a true bill against William Carey , a true bill against Lieutenant John How , and a true bill against William Ballard .

The names of the Petty Jury first sworn;

Edgute Sandwell ,

Samuel Gillham ,

Thomas Comyn ,

Edward Pink ,

Samuel Birch ,

William Robinson ,

Richard Fogden ,

Joseph Kilpin ,

Leonard Peade ,

John Payne ,

Joseph Sparrow ,

Thomas Funge .

1. Captain James Lowrey , was indicted for the murder of Kennith Hossack , on the high seas, within the jurisdiction of the Admiralty of England , Dec. 24, 1750 .

James Gadderar . I was chief mate of the ship called The Molly; the prisoner at the bar was captain; we set sail in the year 1750, Oct. 28, from Jamaica , where the ship was bought, for the port of London ; the whole of our crew was fourteen: in the afternoon, a little after four o'clock on the 24th of December. I came upon deck to relieve the watch, and found the deceased Kennith Hossack with one hand tied up to the hallyards, and the other to the main shrouds, upon the quarter-deck .

Q. Where was the prisoner then?

Gadderar. To the best of my knowledge he was then below ; a little after that I came up I went forward, and staid on the forecastle near three quarters of an hour : when I came to the deceased, he complained he had been pretty much beat.

Q. Did you see him beat ?

Gadderar. Then I had not seen him beat: he begged I would let him loose, for he wanted to case himself: I told him it was not in my power, but I would go and tell the Captain of it; I went down and told the Captain, and he bid me let him loose; I went and let him down, but he was not able to walk forward: the poor man was very weak, and was seemingly very bad, he could stand, and it was as much as he could do; at last the Captain came on deck again and said, D - n the rascal, seize him up again, and ordered Hunt, I think it was, to do it; he was immediately tied up again, according to his desire: then the Captain took a small rope of an inch or inch and quarter round, and began to beat him with the bite of it.

Q. What do you mean by the bite of the rope ?

Gadderar. That is the double of it, as he held the two ends of it in his hand: I saw him beat the deceased a considerable time till tears stood in my eyes: he would now and then take a turn round the deck, and then beat him again: at last the man hung with his head reclin'd, and his knees to the rising of the quarter deck, as if it was to ease himself: then the captain lifted him up by the arm and beat him again.

Q. Did he beat him with any other instrument besides the rope?

Gadderar. I did not see him use any thing but the rope.

Q. How long do you think he beat him?

Gadderar. I believe he might be half an hour beating him and walking backwards and forwards, and beating him again, &c.

Q. Whereabouts did he strike him?

Gadderar. He beat him over the head and temples, I saw him beat him above the shoulders several times, my Lord.

Q. After this beating, how did the body appear?

Gadderar. He hung back his head, the prisoner said, Are you shamming Abraham with me? that he said several times.

Q. What did you understand by that expression?

Gadderar. I understood by it, that he thought the deceased was shamming the thing: it is a cant term, I suppose, often made use of. I went down upon the main deck, and was hawling home the starboard sheet of the main-top-sail, when the captain called to me and said, I believe Kennith is dead: I said, I hope not; when I came, I said, he is dead indeed, Sir.

Q. How long was that after you saw him beating the deceased ?

Gadderar. I saw him beating him not above a minute, or a minute and half before. When I came ast, I took hold on the deceased's arm and felt his pulse, but there was none: then I opened his breast to see if there was any palpitation of the heart: I asked the Captain if he had ever a knife or lancet ; he pulled out a knife and whetted it on a stone: I took it and opened a vein, and saw no blood come; he was really dead then, and was, I believe, before he was cut down.

Q. How was he as to health before?

Gadderar. He had been sick, but was very well recovered, his fever had left him about six or eight days; his legs were swelled, the fever being fallen down into them, so that he could not go aloft, but could do little things upon deck.

Q. What do you think was the occasion of his death?

Gadderar. I really believe those blows he received were, my Lord.

Q. Was there any provocation from the deceased do you know, as the occasion of this usage by the prisoner at the bar?

Gadderar. I saw none.

Q. Did the prisoner afterwards say what the reason was?

Gadderar. I heard nothing from him what it was, or from the deceased neither. After he was dead, he was sitting with his britch upon the deck, and his head against the prisoner; the prisoner then said, D - n him, he is only shamming Abraham.

Q. Did you see him kick the deceased?

Gadderar. It was dark and I did not see that, I saw him take the deceased a slap on the face, but had he been then alive that would not have hurt him.

Cross examined.

Q. What was you on board that ship ?

Gadderar. I was chief mate.

Q. What day did you set sail from Jamaica ?

Gadderar. We set sail on the 28th of October.

Q. How long was it after before you and the Captain had some difference amongst you?

Gadderar. It was but a very little time.

Q. Did not you give the Captain some ill language?

Gadderar. No, Sir, I never did give him any.

Q. Did not you say you was a gentleman and challeng'd him to fight, and that you'd call him to an account?

Gadderar. A night or two before we set sail, the Captain came on board in liquor.

Q. I mean after you set sail, not any thing before ?

Gadderar. No, I did not.

Q. Do you know Captain Dalton ?

Gadderar. I do, he was master of the Nancy Snow , we joined her a few days after we set sail.

Q. How long did you sail in company with her?

Gadderar. About five or six weeks.

Q. Did you ever hear the prisoner make his complaints to Captain Dalton of the misbehaviour of the crew to him ?

Gadderar. I never did hear him complain to Captain Dalton, or any body else.

Q. Had you a liquor called grog on board?

Gadderar. We had, it is rum and water mixed together.

Q. Did the Captain ever reprimand you for being too much addicted to it?

Gadderar. No, he never did.

Q. How many hands were there of you on board?

Gadderar. There were fourteen hands of us.

Q. Was there one James Ramshaw , and Roberts the second mate?

Gadderar. There were.

Q. Had they with others used to be in liquor often?

Gadderar. I don't know any one of them used to get drunk any more than what is usual on board, there were none uncapable of doing their duty.

Q. Has not the captain had all your hands up to give you a reprimand for your misbehaviour in getting drunk ?

Gadderar. He has done that with a good stick for nothing at all to my knowledge, I never heard him call them up to reprimand them for getting drunk. He splintered a cane as big as my wrist, and afterwards broke a spying-glass upon a man's head, one of the splinters lodged in the man's head.

Q. Was not there one Murray who was asleep when he should have taken care of the watch?

Gadderar. I remember the Captain and I went down and made him go up upon deck.

Q. Was not he then in liquor ?

Gadderar. He was a little in liquor.

Q. Do you remember any orders given to Mr. Roberts, the second mate, not to supply him with liquor?

Gadderar. I know of no such order.

Q. How long was this before this accident with the poor man that Murray was fuddled?

Gadderar. It was a considerable time before that, it may be about five weeks before.

Q. Do you remember Roberts had an order from the Captain not to supply the other men with liquor ?

Gadderar. I know of no such order.

Q. Did you see the deceased when he was first tied up ?

Gadderar. I did not, Sir?

Q. Did you hear of William Waum losing a note of hand?

Gadderar. There was such talk.

Q. Did you hear it from the Captain?

Gadderar. No, Sir, I did not, nor from the deceased neither.

Q. Do you remember any complaint made by John Hunt , or James Smout , about stealing this note?

Gadderar. No, I don't remember any such thing.

Q. Do you know what was the cause for which the deceased was tied up?

Gadderar. I don't know indeed.

Q. Can you tell how long he had been tied up before you saw him?

Gadderar. I don't know that, perhaps it was a quarter of an hour, or not a minute, I cannot tell what I did not see.

Q. Do you know he had got some rum clandestinely ?

Gadderar. No, but I know to the contrary of that, I don't believe the man had tasted rum some days; I know he had none of the Captain.

Q. Did not you hear a general complaint in the ship of the deceased in particular, before he was tied up?

Gadderar. No, I never did, Sir.

Q. How was the deceased for health at that time?

Gadderar. He was in the way of a recovery from a fever, having been in a bad weak way, but was greatly recovered, and able to do little things, such as hauling and pulling.

Q. Is not that rope the common rope the master chastises his people with when they misbehave ?

Gadderar. I never knew it till the gentleman swore he'd give him act of parliament for it.

Q. What did you take to be his meaning by that expression?

Gadderar. I took it he meant that was allowed by act of parliament.

Q. Did you ever see people that misbehave beat with ropes ?

Gadderar. I have, but I don't know what authority there is for it.

Q. How long have you used the seas?

Gadderar. About nine years?

Q. Was this rope larger than what Captains use that way?

Gadderar. I don't know any particular rope they use, I have seen men beat with smaller and larger.

Q. How thick was this?

Gadderar. I believe an inch or inch and quarter round.

Q. Did the Captain endeavour to assist the poor man when you was about to let him blood?

Gadderar. He sharpened his knife upon a whetstone as I desired.

Q. Did the deceased make any prayer to the prisoner?

Gadderar. He several times begged he would desist, and the prisoner several times d - d him in return.

Q. Did not the Captain complain of an act of piracy by the crew, or some of them, before any of this happened?

Gadderar. No, he did not.

Q. Where was you endeavouring to proceed in that voyage?

Gadderar. To the port of London.

Q. Did you go to London?

Gadderar. No, Sir, we could not, the ship was so leaky ; we went to Lisbon ; we arrived there on the 13th or 14th of January; when we made the rock of Lisbon, we sent a boy up to the mast-head to make a signal of distress, and there came eight Portuguese on board; I was busy in bringing the ship to an anchor; we were desirous to know what we must do to have the Captain taken care of; he took care to deliver a letter to be carried to the Consul ; I did not know the letter was gone till the pilot told me; he got it conveyed on shore before we knew who to apply to; we had never been at Lisbon before, and we were told we could not go in without product; our letter was wrote, but could not be sent.

Q. Do you know the contents of that letter he sent?

Gadderar. He wrote, in a short way, that our crew had behaved so and so, and desired his assistance, and said things that were quite unjust, setting forth, that the crew had taken the command of the ship from him.

Q. Did he not charge the crew with acts of piracy ?

Gadderar. I don't remember he did, I think he said the crew had taken the command from him in such a latitude.

Q. Was there any complaint made against the Captain, till such time he had made his complaint against the crew?

Gadderar. We had great cause not to like his behaviour before the deceased was killed.

Q. Do you remember the seizing the Captain, and taking the command from him?

Gadderar. I do, it was on the 29th of December.

Q. Who seized him?

Gadderar. The people in general did, and took the command from him; I took hold of him and said, you have done so and so, and you must go to your cabbin, and said, he should have all the use of the log-book; he was not confined to his cabbin, but only that he should not use any body ill any more; we never confined him to his cabbin till he came to Lisbon, and there drew his sword upon me.

Q. How long was it before you reached Lisbon ?

Gadderar. It was about a fortnight before.

Q. Was he reinstated in the command at Lisbon ?

Gadderar. He was.

Q. Did the Captain tell you before what he had wrote to the Consul

Gadderar . No, he did not; afterwards the letter was produced; I never heard the particulars of the letter but as the Portuguese were talking, and I understood but little of their language.

Q. What was the cause you took the command from the prisoner?

Gadderar. Because of the murder of the man.

Q. How long was it after the 24th of December, before the Captain was charged for this murder?

Gadderar. On the 24th he was, but after the deceased was carried down, and the people all came down, I said to them, my lads, let the Captain carry the ship home, for you know how desperate a man he is, and when he brings us to the port of London, we can there have him taken care of, this affair will certainly deter him from ever doing any such action again; they then were all content so to do, till he began to beat them again a day or two after that; they were disabled so, that they could not stand to the pumps.

Q. What was you on board?

Gadderar. I was the second officer.

Q. Why did not you proceed to the port of London?

Gadderar. We were so leaky and our people so weak, one had a bad finger, and the flesh tore sadly, which the prisoner had bit, another had his scull hurt, and was out of his senses sometimes, our sails and rigging were so extream bad, that we could not, as the wind kept to the Eastward; when we were at the Western Islands, the wind took us at south, and we were obliged to go for Portugal; as it was a large track for shipping to the West-Indies, we hoped somebody might meet with us and pick us up ; the Captain said. it was impossible, in the condition we were in, to make England, or any place to the Northward; we could scarce keep the ship above water when a smooth sea; this was ten degrees from England; the Captain mentioned about a day or two before, to go to the island of Serah, as it was the nearest place.

Q. Did not the Captain say you might reach England?

Gadderar. No, he did not.

Q. Did you keep a journal of all that happened in the ship?

Gadderar. We did, I have got it here, but I could not go so far as to bring it up to the death of Hossack.

Q. Had not you heard that man who had his finger hurt, had before that knocked the prisoner down?

Gadderar. No, I had not.

Q. Whose hand-writing is that journal?

Gadderar. It is part my hand-writing, part the second mate's, and part the Captain's.

Q. Whose hand-writing is that where it mentions the death of Hossack ?

Gadderar. It is the second mate's writing.

Q. How is it mentioned there.

Gadderar. It is that he died on the quarter deck.

Q. Why did not you put it that he was murdered by the prisoner?

Gadderar. That would have been the way to have all our brains beat out, for he always saw the journal.

Q. Had you any private memorandum of the thing?

Gadderar. We had not, it was publick enough to every body.

Q. Did you think the man so ill as you found him when he held back his head?

Gadderar. No, I did not.

Q. What did the Captain say, when you told him the man was dead?

Gadderar. He said immediately, I hope not; as he was leaning on the Captain's breast, he then said, he was only shamming it with us.

Q. Do you think that was his opinion ?

Gadderar. I don't know that.

Q. Do you believe the Captain intended to kill him?

Gadderar. I cannot tell that, Sir, but I believe, upon my oath, the blows did kill him.

Q. What is your belief?

Gadderar. My belief is, he had an antipathy against him some time; I believe had he not killed him at that time, he would have killed him some time or other.

Q. Did you ever see a common sailor corrected with a rope as large as this?

Gadderar. I have, but never in so cruel a manner, done at different times, walking round the deck and beating him as he came back again.

Q. What was the general character of this Hossack ?

Gadderar. That of a good-natured fellow and an honest man.

Q. from the counsel for the crown. It has been represented as if it was from an apprehension of mutiny, had you, or had you not, given any foundation whatsoever to suspect you had a design to mutiny?

Gadderar. I never heard, nor thought of it, Sir, any farther than what the people did was to take care of their own lives.

Q. Whether preceding the 24th of December any of the crew had been guilty of any mutiny, or any thing that could occasion suspicion of a mutiny, or give the Captain any cause to suspect a mutiny?

Gadderar. No; I never saw or heard of any such thing. I believe none of our crew had any such intention.

Q. Had you seen the Captain beat the deceased before this?

Gadderar. I don't know that he ever came upon deck twice in a week without beating him: my heart has bled for him many and many a time.

Q. Did you ever see the deceased give him any occasion to beat him in this manner?

Gadderar. I never saw him give him any such as that; may be some of them might deserve correction sometimes; there is no ship that ever went out of London, or Jamaica, but what there is some little thing that a man may be guilty of.

Q. Did the Captain never say he beat him at any time for having a design to mutiny?

Gadderar. I never heard the Captain say so, or any thing like it. Murray ran one day up to the mast-head, the Captain called him down and beat him, and said, pray will not you hear me, are you mutineers ? He sent the 2d mate up to bring him down : he was beat for nothing.

Q. Give an account of the parts of the body of the deceased ?

Gadderar. The blood ran down his cheek from his temple, the temple was bruised, the head and face bruised.

Q. Where was you then when this happened?

Gadderar. We were about 48 deg. 56 min. north latitude ; had we lost another man, or had another man lamed, we could never have got to Lisbon, or any place else; the first night we came under St. Julian's, the Captain sent for me, and said, you lie in a rocky place, you had better cut the cable and run her in; I told him, I would not do such a thing.

Q. What view could he have in that?

Gadderar. I suppose he expected I should, by that means, run the ship on shore, that it might be in his favour; for then he knew we should make complaints against him.

Q. Did you during the time of the captain's confinement say any thing to him of the course you steer'd.

Gadderar. Where I thought it was right for the good of the ship, and the safety of our own Lives, I always did; I put a candle under the hanging compass to let him see, and told him what course we steer'd, unless we were obliged to alter our course in the night time; we had not a man to spare to set centry over him; we only suspended him from his command, our intent was that he should not carry his cruelty any farther; when I said I'll take the boat and go on board a barge, and get some candle, he said where are you going? I said, on board a barge for some candle, and asked him for some money to buy some bread for the people, for we had no bread; he said he would not, saying, G - d d - n you, you rascal, do you talk to me? and drew his sword half out ; then I put a centry over him, and said, I'll run in danger of my life no longer.

Q. Did you ever hear him complain of the sailors as to their steering?

Gadderar. I have heard him say we have differed a little in our course to night; she steered prodigious wild, we could not keep her to her stearage.

Q. Was it with his consent that you went for Lisbon ?

Gadderar. It was, he said it was the best way to go there, he being acquainted with the Consu there.

Q. from the prisoner. Give an account of the position the deceased was in when I came on deck?

Gadderar. The man was not then seized up, but the prisoner ordered him to be seized up immediately.

Q. from the prisoner. Do you remember you came to the Marshalsea prison, and desired a good deal to speak with me, and stood with your hat off?

Gadderar. I never did; I came under the gallery, looked up at the prisoner, and mov'd my hat in common civiltiy; he said, Get you gone, you rascal ; but I never spoke a word to him since the time he came from Lisbon till I saw him at the bar.

Q. from the prisoner. How many stripes did I give the deceased?

Gadderar. I can't judge the number of them; the prisoner beat him at different times, and I was backwards and forwards.

Q. from the prisoner. Pray what did I confine him for?

Gadderar. I know no reason why the prisoner confined him.

Q. from the prisoner. Do you remember Mr. Waum complained of a note of hand which the deceased had got from him?

Gadderar. No; I remember nothing of it.

Q. from the prisoner. Do you remember, that instead of being made fast to the shrouds, he was made fast to the rails, and he was excessively drunk, having drank a bottle of rum as they told me?

Gadderar. This was the position he was in ; with his left hand to the starboard swifters, and the right hand to the main top-mast hallyards; the seizings would not allow him to kneel down upon the rails which rise about eight or ten inches.

Q. from the prisoner. Do you remember, we thought he would have died through the badness of a fever which he had?

Gadderar. He had been sick a considerable time, within a few days after we set sail, and we did think at one time he would have died.

Q. from the prisoner. Do you remember all the people used to give him a bad name, that he was extreamely hated by all ?

Gadderar. I remember nothing of it.

Q. from the prisoner. Were there others ill besides the deceased?

Gadderar. There were many more.

Q. from the prisoner. Do you remember there was one Smout ill; pray give an account how I behaved to him in his illness?

Gadderar. I do, you took a great deal of care of him; I remember another person that was ill the prisoner would not give a bit of sugar to, when he had the flux ; the prisoner d - d him and said, if it would save his life, he would not give him any.

Q. from the prisoner. Have you not frequently come down to me, and said you never saw mankind take so much care of a man as I did of Smout?

Gadderar. I always took particular notice the prisoner took a great deal of care of him; he also took a pretty deal of care of others when they were sick.

Q. from the prisoner. Had not the men sugar without coming to me for it?

Gadderar. There was none in the ship, but what the Captain had.

Q. from the prisoner. Do you remember the second mate beating me three days after the deceased died?

Gadderar. I don't remember it.

Q. from the prisoner. Did not you come and take him from me, when I called out murder?

Gadderar. I was hawling of the main sheet with some of the people; and I heard some noise forwards; I went there, and there I heard Mr. Roberts call for assistance; whether they were on their knees or quite up, I can't well say; they both had hold on each other, the captain said, this is using me ill; Roberts said the captain had like to have murder'd me; I took each of them by the breast, and said gentlemen, for God's sake think of something else; we have enough to think on at this time; the captain's face was scratched, and second mate's finger was bit in a cruel manner.

Q. from the prisoner. Was I not so lame by his beating, that I could not go over to heave the logg?

Gadderar. I heave the logg.

Q. from the prisoner. Do you remember he had his finger in my mouth before you came, when I called out?

Gadderar. How could you call then; I remember the prisoner said Roberts wanted to get his finger down his throat, but d - n him I have taken care of him, and boots for that.

Q. from the prisoner. Did not Mr. Roberts supply the people with rum?

Gadderar. He did.

Q. from the prisoner. Have not you bought some of him?

Gadderar. I have.

Q. from the prisoner. Do you remember I turned you out of my mess?

Gadderar. You sent to me to mess with you, and I would not come.

Q. from the prisoner. Do you remember a pitch-kettle being missing?

Gadderar. I remember you called the people ask and asked how it came to be lost; and I really believe it rowled over-board; I cannot imagine a man would throw it over board, when it would have been a means to have sav'd our lives.

(The prisoner produces a book.)

Q. from him. Do you know this log-book?

Gadderar. It is the log-book, there is some of it my own, and some of it the prisoner's handwriting?

Q. from the prisoner. Look at the 29th of December, whose hand-writing is that.

Gadderar. It is my hand-writing.

Q. from the prisoner. Read it. (it is read) (Morning stood west, at 4 P. M. bore, shift and set to the foresail ditto, at eight A. M. set the main topsail, we unanimously agreed to confine the captain, and to make the first port.)

Gadderar. Which was designed for the Island of Tercera ; the Captain took this book from me when he was ordered to be replac'd at Lisbon.

Q. Did you keep a log-book?

Gadderar. I did as far as the paper would permit, from the very day of our coming out of Jamica to the very day he took this book away December 13; before we could take that in our own log-books, we were obliged to be at the pumps.

Prisoner. I made them set down in the log-book every day before twelve o'clock, after they took the command from me; the ship's log-book is kept up to Lisbon. That is the book produced. It was kept up one day by me, the othe r day by the 2d mate, as we came from the deck by turns. We were always upon duty at the pump.

Gadderar. The Captain had sight of the book every day; after he was suspended, I carried it to him with all the complaisance as usual.

Q. Is it usual to have several log-books?

Gadderar. It is; every officer is to keep a sort of a log-book, each man by himself; you may, or may not, as you please, let the Captain see it, but the general way is, I have let the ship's log book carry it up five or six days, then take it off into a private log-book: the ship's mate is to take care of the ship's log-book; we had not opportunity to carry it on having business enough at the pumps; we were in great distress before we got into Lisbon, which was on the 14th of January; several evening when I have seen the sun set, I did not expect to see the next morning; one night all the people quitted the deck and kiss'd one another expecting to die together: I then went to Mr Robert, and said the people had all left the pumps, being unable to stand by them. I went down to them and said, this is all self-murder, go upon deck and let us strive to clear her; upon which they did, we was obliged to keep her from the wind, or we should have made so much water we would never have been able to weather it.

Prisoner. Please to look into this log book.

Gadderar. This is my own hand-writing; he reads. (we kept the ship clear with one pump.) this was when the sea was very calm: there are trys in the log-book of the distresses we had.

Prisoner. That was all the plea they had to write down distresses, but they did not take care to assist me.

Q. You have given an account of a letter sent in by the pilot to the consul: did you know the contents of that letter?

Gadderar. I did not, till after it was gone, the first of my knowing of the contents of it was; the Captain can talk a little Portuguese, he called the pilot down and talked with him; after that the Portuguese came and told the thing in broken English, that he had sent a letter to the Consul: that very day I had been on board the barge, I was acquainted with the place, and not a man of us had been in Lisbon: we dared nor go ashore, nor we could not go on board another ship without product that is leave to go) as I was coming on board again from the barge. there was the man of war's boat coming on board.

John Hunt . I was on board this ship The Molly before we mast. On the 24th of December, about seven o'clock, we were going to sway the main up; I was at the em; Capt. Lowrey orderd Kennith Hossick to come to the them to relieve me: I being stronger than he, getting under ropes, he made a little stumble; the Cap-catched him and hauled him up, and struck him with the handle of a hammer, and knocked him again the helm.

Q. Why did he knock him down?

Hunt. I know no occasion, but that of his making a stumble: after that, he took a small rope from the mizen shrouds, about the size of an inch, and struck him divers times, may be about a dozen strokes with it; and at four o'clock, he was seized up by William Waum to the main shrouds, by the prisoner's order, who beat him on all the parts of his body, and sometimes on his head, with a bit of the crotchet brace ; it is a rope about an inch and a quarter; he beat him about four or five minutes after he was seized up; he continued up till about half an hour past five o'clock. The prisoner went down to his cabbin. The deceased asked the last evidence to let him go forward to ease himself; the chief mate said, I'll go down and speak to Capt. Lowrey: he did, and came up again. I was standing next to him; he bid me cast him loose; I cast the seizings off his hands; the man dropt down, he could not stand. I said he is not able to go forward; then the chief-mate went to Capt. Lowrey, and told him he was not able to stand: the prisoner followed him up directly; I was standing by the deceased. The prisoner said, Get up you dog: he called me to seize him up again; I was seizing up his right hand, and doing it a little slack, because it should not cut his wrist; the prisoner said to me, Why don't you seize him up again ? I did: as soon as he was up, then the prisoner took the crotchet brace, and beat him as before; he took some spells, resting himself, then came and beat him again, not regarding any place where he struck him: the man hung his neck back, and the prisoner said, None of your shamming Abraham; he then struck him in his face with his fist. I looked at him again, and the man had no motion in the world: then he looked in his face again, put his hand in his pocket, took out a pen knife, and cut the seizings from his hands. and the man fell on the deck: he stepp'd to Mr. Gadderar, and said, I believe the man is dead? said Gadderar, I hope not. Then the Captain kicked him with his foot on the side, and said, Get up you dog, let's have none of your shamming Abraham: Mr. Gadderar said, The man is dead; the Captain said, I believe he is: there being some people standing round, he said, let's get him down. We got him into the steerage; there the Captain had a penknife, who said to Gadderar, God bless you open a vein; he had a little bit of a stone, upon which he was wnetting it, and Gadderar opened a vein with it; there was a little blood started, and no more; the man was dead.

Q. What was the occasion of the Captain's first tying him up ?

Hunt. All was because the man was not able to jump about as other men, I can give no other reason : the Captain called him scoundrel, and gave no other reason,

Q. Did you hear any thing about a note?

Hunt. There were some words happened about a note of William Waum 's that was lost; the deceased said he had found it, and gave it him: the man had been ill, but was recovered bravely.

Q. Take all the times together, how long might he be beating him?

Hunt. I cannot clearly say; it might be half an hour, or hardly not so much; I cannot be positive.

Q. How many times was he ty'd up?

Hunt. There were but two tyings up ; the first time was about four o'clock.

Q. How long have you used the seas ?

Hunt. I have twelve years.

Q. Have you ever seen a man beat by a Captain after this manner before?

Hunt. No never in my life time; I have been in men of war and merchantmen too.

Q. What do you think was the occasion of his death ?

Hunt. I think the beating him, and his hanging up together, was the occasion of it.

Cross examined

Q. Did you ever make complaint to the Captain about the deceased stealing a bottle of rum?

Hunt. No I never did.

Q. How did the Captain behave after the man was dead?

Hunt. He did not seem much to regard it.

Q. What did he say?

Hunt. He said, God bless me, after Mr. Gadderar said he believed he was dead, or something of that sort: then the Captain bid the people to get him down into the steerage.

Q. Had you a hearing before Mr. Russel the Consul at Lisbon ?

Hunt. The Captain kept us twelve days in the forecastle. We had a hearing, and the captain was set at liberty, and we were all sent on board a man of war (not as prisoner.) We expected the Captain was to have been sent there too, and all to have been sent to England together. We were kept at home in Doctor's. Commons five months till the Captain was taken.

Q. Did Captain Dalton come part of the way with you from Jamaica?

Hunt. He did.

Q. How came you to part?

Hunt. We lost him in the night in a gale of Wind, in the first watch, I can't say the day of the month.

Q. Were not you told you were sent home as pirates?

Hunt. No, we never were: we were no ways confined; we might have gone away from the ship, on which we did our duty as the other men on board; and when we were in the Commons we could go out and in at pleasure, and were subsisled by the order of the Admiralty.

Q. Were all the Captain's orders obeyed?

Hunt. About sailing they were.

Q. from the prisoner. Do you remember Mr. Roberts beating of me?

Hunt. I remember you had a scuffle together on the larboard side, on the main deck, I do not know the reason of it, Roberts's finger was bit.

Q. from the prisoner. Were both pumps going?

Hunt. Yes, they were.

Q. Did you ever buy run of Roberts?

Hunt. I believe I bought a gallon of him.

Q. from the prisoner. Did you ever hear me talk to him for selling rum?

Hunt. I have. You know you disabled many at the pumps, and at the same time would not let us have our rum that was allowed us?

Q. from the prisoner. Did not you come crying to me, and said, O Lord what shall we do, we shall be ruined, there is nobody knows how to take care of the ship but you?

Hunt. I remember nothing of it: I know I have cried when you have beat me excessively; and when the man was dead Mr. Gadderar and Mr. Roberts told us to be of good heart, that it would be a means to cause the Captain not to abuse us any more; but he began again the next day?

Q. from the prisoner. When was I confin'd?

Hunt. Five days after the man was dead?

Q. from the prisoner. Why did they take the ship from me, and steer for Lisbon?

Hunt. It was by the prisoner's own advice we carried her there; he advised us to go to the nearest place we could: the prisoner knows very well neither the ship nor we were in a condition to steer for England. There were Peter Bright and John Grice were not able for service, and others: Wm. Waum's scull had a piece of wood stuck in it; and after the prisoner had given him a plaister, he beat him round the deck with the Royal Oak Foremast, (as he called it) which was a large cane as thick as my hand; he broke it all to pieces.

Q. from the prisoner. Did you either of you mention a word of murder when you took the ship from me?

Hunt. Mr. Gadderar said it was for that.

Q. from the prisoner. Was there any liquor mentioned?

Hunt. No, there was not.

Q. Supposing the deceased had been in good health, would the beating he received have been the occasion of his death?

Hunt. In the manner he was extended it would have been the death of any man whatever: the blows were enough to have killed him, had he been as strong as I am now. He was, when in health, the strongest man on board the ship.

Q. You have seen men whipped on board a ship before this ?

Hunt. I have, but in a different manner : with a cat of nine tails in a man of war, and let loose directly; they are whipped between their shoulders, but this was almost likely to break a man's bones. I never saw a man slogged on board a merchantman in my life.

Q. from the prisoner. Did not I take a great deal of care of Smout when he was ill?

Hunt. You did, but you did not of John Grice when he was ill; you got oatmeal and flour from Capt. Dalton for Smout, but not for any others. Peter Bright died in consequence of the beating from the prisoner.

William Waum . I was on board this vessel before the mast on the 24th of December. I was at the helm about four o'clock; just before I went the Captain ordered the second mate to seize the deceased up; the second mate ordered me to seize him up; I did with two rope yarns: I know no other reason why but because the man had been sick, and was notable to do his duty. Then I went to the helm: the Captain beat him two or three times with a crotchet brace, about an Inch thick: he would walk backwards and forwards, and then beat him again; and in about half an hour, the deceased wanted to go forward to ease himself; the Captain was then below, and the chief-mate went down and told the Captain; who brought word to let him loose, which he was, but was not able to go forwards: then the Captain came and ordered him to be tied up again, and said he shamm'd it; then when he was tied up, the Captain beat him again with the same rope, and in the same manner he did before; at last the deceased held his head back, the prisoner struck him over the temples, and bid him hold his head up: then I thought the man was dead, he keeping his head as before. The Captain called to the chief mate, and said, he believed he was dead; the mate said, I hope not, The chief mate cut him down, he fell on the deck, and I think the prisoner struck him once or twice after that: then two of our people carried him down; and when I was released from the helm, at six o'clock, I went down, and saw the Captain whetting a knife on a stone, with which the chief mate pricked his left arm; there was only the blood arose up, none came.

Q. How many blows do you think the Captain gave him?

Waum. I can't tell; there were a pretty many.

Q. Did the man cry out?

Waum. He did several time, O Lord! O Lord!

Q. What do you think was the occasion of his death?

Waum. I think the blows were, because he expired while he was tied up to the rails; I really think he was dead before he was taken down; the Captain hit him once or twice over his temples when he lay on his back.

Q. How long was he tied up the second time ?

Waum. I believe about an hour.

Q. Was there a dispute about a note ?

Waum. There was none; I had said I had lost a note, and the deceased said, I have found one: the Captain stood upon deck, and heard us below: he asked me, what was the matter; I told him, and that the deceased had at the same time given it me. The Captain said he believed the rascal had stole it. I did not complain to the Captain about it; neither did I accuse him with stealing it.

Q. Is it usual for a Captain of a merchant-man to correct people so?

Waum. No, it is not: on board a man of war they tie them up to the gang-way, and whip them with a cat of nine tails. I have used the seas as 12 years, and I never saw a man tied up on board a merchantman before in my life, and whipped.

Q. Did you secure the Captain upon this?

Waum. No, we did not, for four or five days, thinking this might be a warning to him, to use us better than he had before ; but it did not. When we took the command from him, we took hold of him, and he asked, what were we going to do? we said, what we did was for his killing the man, for the security of our own lives, and for the good of the ship and cargo. He said, gentlemen, don't use me ill, I'll agree to any thing. When we were at short allowance, he used to come upon deck every day, and had his full; we set no centry over him, and took his advice in every thing; neither did I ever hear him complain of ill usage. We had no wind to go any other way than to Lisbon, being in great distress, and could hardly keep the ship above water, she was so very leaky, and were obliged to keep both pumps going. When we came to Lisbon, we made a signal of distress, and a fishing-boat came on board, who lent us a hand, as some of our hands were so weak, we could not stand it out any longer. I believe had not that boat come on board us, our ship would have sunk within fight of the rock

On his cross examination he said, the consul at Lisbon examined every one of us about the man's being killed, and no further, in the cabin; that he gave his oath then, that the man was killed by the Captain; that the Captain was standing over the hatches when he had his note given him; that the deceased was tied up about a quarter of an hour after that. The first time was about four o'clock; at the second, the Captain said, he believed the deceased shamm'd Abraham; that he was cut down in the dog watch; that the Captain said he believed he was dead, and the chief mate said he hoped not: that he did not see the Captain was much surprized when he saw the man was dead; that the Captain told him himself when sick, that he shamm'd it, and had used to make him come on deck; that the deceased was a very honest sober man; that he did not hear that the deceased had stole rum, and believed he had had none that day; that when they came to Lisbon, he heard that the Captain said, he said he would try them all for taking the ship from him; that they had their liberty either to walk or ride, and when in London to walk the streets at their pleasure.

William Dwite . I was on board the merchant ship called the Molly, before the mast. The prisoner was the Captain, the deceased was before the mast. I remember when Waum lost his note that the deceased said he had found one, and gave it him directly : the prisoner called him up, and said he had stole it; (this was in our passage home;) the Captain fell to beating him, and said, Come up you rascal, you stole that note: then he had him seized up to the main topsail hallyards, to the main shrouds (this was about four in the afternoon) he beat him with a rope about an inch and quarter thick; he beat him till he was tired, then he walked about the quarter deck, and after that beat him again ; he did so five or six times: I was at the pump: he struck him above twelve or fourteen blows each time, from the waistband of his trowsers up to his head, and on the crown of his head. He continued tied up an hour, or an hour and a quarter ; when Gadderar let him down to ease himself by the Captain's orders. he said on his backside, and could not go forwards: then the captain came on deck, ordered him to be seized up a 2d time, and fell to beating him the same as before, with the same rope, two or three times. A soon as he was cut down he fell flat on his back and never stirred or fetched his breath at all.

Q. What do you think was the occasion of his death ?

Dwite. I believe the usage the captain gave him was. I saw him kick him after he was taken down the 2d time. I helped him into the steerage.

On his cross examination he said, the deceased had been ill, but was pretty well recovered; could walk about and take a spell at the pump; that he had never heard a report about the ship concerning being lost before. or the deceased say how he had found it: that he believed the captain thought he stole it, upon which he was ordered to be seized up; that he was within six yards of the deceased at the time of the beating; that he believed the man was tied up about two hours in the whole; that the Captain kicke; him after he was dead; that the Captain d express sorrow on Mr Gadderar's saying he hoped he was not dead; that he pulled out his penknife, and did assist in bleeding him; that he does not know whether Waum charged the deceased with stealing the note.

In answer to a question from the prisoner he said, the prisoner took great care of one man, but as to the rest, he saw nothing farther than beating and abusing them with the Royal Oak Foremast; that he himself got his head broke by the Captain; that when the man was tying up to the shrouds, the Captain said to him, You stole the man's note.

James Smout . I was on board the ship Mully. The prisoner was Captain. I knew the deceased at the time of his death.

Q. Give an account how it happened ?

Smout. I was up a-loft when the Captain ordered him to be seized up: I believe it was on account of the note, but am not certain: it was a little after four o'clock; I looked down and saw him seized to the shrouds; I saw the Captain strike him several times; sometimes I saw him beating and sometimes not: the Captain went down before the two hours were out.

Q. What do you mean by two hours?

Smout. The watch from four to six. I did not see the man cut down, but I saw him after he was down; he wanted to go forward and was not able: then the Captain ordered the mate to seize him up again: his expression was, The rascal, seize him up again, he shams Abraham. He stand there till the watch was almost done. When I came down the deceased was cut down and was dead: I heard the chief mate say to him, Sir, the man is dead: the Captain looked at him, and said, he is dead by God.

Q. What was the occasion of his death ?

Smout. I don't know; the man was sick when I was sick; he was on the recovery : he had the scurvy in his legs very much.

Q. How long have you used the seas ?

Smout. About twelve years. I have on board a man of war seen a man beat, and have been beat myself with a colt, but never with the bite of a rope. I never saw a man in perfect health beat as this man was. I being a lost could not hear what the Captain said.

On his cross examination he said, he himself never lost any rum; nor the deceased did not drink any of his rum, as he knew of, that day; neither did he tell the Captain he had stole any that day, or to the best of his knowledge he never did any other time; that the deceased was picking up in health every day; that his legs were as thick round as a small child's body, with the scurvy: that he is almost certain that he died of those blows he then received; that the usage the deceased received would have killed a horse, much more a man: that the Captain when he did beat any, beat them very severe: that the prisoner hit the deceased one blow on the temple. Being asked to give an account of the two men that died on board, as he had signed the bill of loading, he said, there was no account of the deceased being murdered given by him; that he gave an account of two men dying a natural death, but don't know whether he mentioned their names : Peter Bright was one: that he never mentioned the deceas'd as dying a natural death; that he can't say there was Hossack's name mentioned in that paper; that he swore when on board the ship at Lisbon, that the Captain killed him: that he was there examined, as he is now: that he never saw any more of the deceas'd's body, but his temple which look'd blackish: that there was no surgeon on board: that the prisoner took more care of him, when sick, than of any in the ship: but when he came on deck again, he used him as bad as before: that there was none aloft at the time of beating but himself.

Prisoner's defence.

I know these people were determined to do me all the prejudice in the world, and I have nothing but their log-book, which I took care of: instead of steering the ship to England, they steered her to the island of - , and consequently they must swear every thing against me, to clear themselves of the piracy; there will nothing appear in my behalf but the log-book. My advice was to steer to England: the chief mate had treated me so ill, I was obliged to make a complaint of him to captain Dalton ; please to ask the last evidence whether he has not seen the the two mates use me very ill.

Smout to the question. I can't say I have, I have seen the prisoner treat them very ill, and beat them both.

Prisoner. I beg the log-book may be explained ; to see whether they acted like good people while they had it.

Court. If there is any thing in the book, that is entered by any of these people, that will be of service to you, you may make use of it.

Prisoner. This William Waum came to me the day the man died, and made complaint, the deceased had stole a note out of his pocket; immediately James Smout and Hunt came to me, and said the deceased had stole a bottle of rum; I immediately said, where is he? they said down below ; I found him extreamly drunk, I assure your Lordship, the people hated him he was so bad a man; he used to steal any thing that was put by. The last evidence told me, he had given him a dram; he was a dreadful rascal for stealing from others; the people exclaimed so much against him, swearing and cursing; I desired he might be made fast, and when sober I would enquire into the merits of the case; he was made fast because he should not get at more liquor; I went down into my cabbin, and about five the mate came and told me he wanted to go and ease himself; said I by all means, but make him fast again; for if he gets below he will get more liquor; about a quarter before 6 I asked the mate how the water was, for we had extream bad water; said I, rend the top-sail, and mend the fore-sail; as soon as I gave orders, I saw the deceased kneeling on his knees, on the quarter deck. I said to the mate, why don't you make that man get up, why do you let him lie in that manner; said he, he is got into his old way of shamming it; I said get up, you sir, (he was an extream odd fellow,) when I spoke to him the first time, he got up seeming indifferent, which I concluded was from his being so excessive drunk; I came up in about an hour after, I saw him on his knees again, I called to him, why don't you get up, you sir? he made me no answer ; I ran over on the other side, and said, if you don't I will swing you up, he then made me no answer; he would some times work, and some times not : and the same as to speaking. Said I, I will take the crochet-brace to you; I did, after parling with him for sometime; it was about 2 foot long; he was kneeling, I went over on the other side after he was up, the men were then hawling home the main top-sail sheets, then I called to them to come and take a sick man out of the way of the main top-sail hallyards, they not coming brisk enough, I ran to him, his head was hanging over his shoulder foaming at the mouth ; I called out, Lord, have mercy on me, here is a man dead; Gadderar said, he hoped not, said I, I am afraid he is, lend me a knife to cut him down, they not coming over, I took a pen-knife and cut him loose. There never were such a number of men on board a ship in the universe before. I called Mr. Gadderar to look at him; I put him into a cabbin, and wrapped him up in a sail, he never came to life again; about three days after we had both pumps going and so many sick, I believe they had no sleep for two or three days; I went down to Waum, I found him wrapped up in the gibb, with all his cloths on; he said he had been five months in St. Thomas's hospital of the Rheumatism ; I said, put off your wet cloaths, and get into your cabbin, and get something; he fell a crying; the next day the people exclaimed against him, saying, he shammed it; I then made him stand at the pumps as usual, and about four in the afternoon I saw him extreamly drunk: I accused him, and asked him, where he got it; there were not a mate nor a man that I could get to do any thing but myself, the mates were determined to be the ruin of me; Waum told me, at last, if he must tell me, he must, he had it of Mr. Roberts the second mate. I called him, and accused him with selling liquor to the people to make them drunk, when the ship was in that condition. The chief mate's behaviour had obliged me to forbid him my cabbin and mess: I went afterwards on the quarter deck; Roberts beat Waum excessively; I said, when he cryed out, what do you beat the man for? he said for confessing he sold rum to him; said I, don't you see the distresses of the ship? let the man alone; he said he would beat him, by G - d, or d - n his eyes; said I, do you know this is disabling the ship to all intents and purposes; he said he would at all events. I had several people drunk and both pumps going, and expecting the ship to go down every minute. I did knock down my second mate with my sist, that I did, for the good of the ship. I told Roberts I saw he was contriving to ruin the voyage ; he said he would not be bothered by me in that manner, he gave me a knock, and I fell, he fell with both his knees on my breast, and got his finger in my mouth; I said let me get up; he said he would beat me; I called out, murder ! Gadderar came and lifted him up from me, saying, Mr. Roberts, what do you mean by beating the captain; after that Hunt and the rest came crying and said, Lord, Sir, what shall we do if you are lost? for I was the carpenter, the Doctor, and, I hope, I shall make it appear, if it had not been for me, the ship would have been lost. After they took her into possession, another time the chief mate was going to send me home in a Snow; they wanted to take the ship from me, and go to Carolina, and so to have run her on shore, and never to have been called to an account for it. After they took possession of the ship; I advised them to steer for England, and to do nothing for the badness of the voyage; said I, you'll have the change of the moon. Nothing would serve them, but they would wear ship, and steer to the Western Islands ; we had no sail but what was extremely bad; they made waste of the provision; I have gone upon deck and found no man there but him at the helm, and he as drunk as an ape; they contrived to ruin the ship, leting the sails beat to pieces, getting a cag of rum up, and staving the head of it out: they cut the main gears, and let the yards come about their heads; when we got near Lisbon, I ordered them to take care of the anchor and cable; they took care of nothing, but always have kept one man at the helm ten hours, and another six: they swear to defend themselves, least they should be tried for Piracy, as I saw they were intending to run away with the ship; they did every thing that was bad.

To his character.

Thomas Spicer , Samuel Row, Thomas Allen , Henry Rose , John Archer , Richard Jennings , James Stevens , Robert Chambers , John Forgerson , Richard Crutcher , Charles Brumley , George Darling , William Halkerson , John Powel , Peter Bagg , and William Ward appear'd, and gave him a good character.

For the Crown.

Mr. Stone. I am deputy-martial to the Admiralty: I received a warrant from the Lords of the Admiralty to take into custody Captain Lowrey , dated the 7th of March last, the ship Molley I believe was then at Lisbon, I think she arrived the latter end of April, or the beginning of May: she was moor'd in the river Thames; I found the mate, who told me his Captain had left the ship there, and come to London by land; I could not see him, I heard he used the Jamaica Coffee-house, but could not see him there; after that the Lords of the Admiralty sent for me, and told me I was negligent of my duty: I went and found several lodgings he had, but was always too late: I then advertised him the latter end of June, or the beginning of July, by hand-bills, and in the Gazeteer, with a reward of ten guineas for taking him: I employed a thief-catcher, and told him I'd give him the money ; he went, and took him at Mile-End, and he was committed to the Marshalsea prison the 12th of August last.

Cross examined.

Q. Did he make any resistance when taken?

Stone. He made none, as I heard of.

Guilty , Death .

2. John How , was indicted for the murder of Abigail Stebbings in a river called York River, otherwise Hudson's River, near the city of York, in North America , within the Jurisdiction of the Admiralty of England , June 7, 1750 ; it was laid over again for the murder of a person unknown.

John Murcer . I was on board his Majesty's ship The Greyhound in 1750; I was midshipman, the prisoner was Lieutenant , he was at that time commanding officer on board : between three and four o'clock in the afternoon we saw a boat coming out at the mouth of York-River with a pennant at the mast head: the Lieutenant ordered a gun to be fired at her, in order for her bringing too: she keeping her course, he ordered a second gun to be fired, it was a swivel gun: we heard afterwards there was a woman killed.

Q. Who pointed the gun?

Murcer. The Lieutenant did; I did not see it charged.

Richard Whitbey . I was on board the Greyhound at that time; a boat came out of the South River with her pennant flying at her mast head, upon which the Lieutenant ordered a gun to be fired at her, in order to her striking her pennant; the Lieutenant pointed, I believe, to go over the boat: it might be about a mile distance, or better, from us.

Q. Could he have stopped this vessel without firing upon her?

Whitbey. I believe he could not, she went at such a great rate ; had we launched out our boat, she would not have come up with her?

Alexander Watson . I was on board the Greyhound : the prisoner was Lieutenant in the year 1750 ; I saw a pleasure boat come out at the mouth of the river in which Mr. Richards was failing to sea; we fired a gun at her to make her strike; there were no possible means to make her strike without; I don't believe the man of war could have overtaken her, and our ship was at anchor, there were two guns fired one after another.

Matthew White . I was on board the ship Greyhound in the year 1750: I was quarter-master; the prisoner was lieutenant: I saw the boat come out of the south river, about three in the afternoon, with her pennant flying: the lieutenant ordered a gun to be fired to make her strike her pennant: she kept her pennant flying after that: then he ordered a second to be fired; upon which the pennant was ordered half down, and she turned back into New York again.

John Crisp . The gunner ordered me to load a gun, but the guns were loaded long enough before the boat was seen.

Q. Do you know of any body being killed?

Crisp. I don't know there was.

Acquitted .

3. William Carey , was indicted for the murder of Adam Pilcher on the high seas, within the jurisdiction of the Admiralty of England , April 26, 1751 .

John Baston . I was a sailor on board the Swimmer, and so was the deceased, Gregory, Master. On the 26th of April, 1751, I being in the foretop of the ship saw Adam Pilcher come down the main shrowds (as far as I could understand) to fight the carpenter: I saw Carey, the mate , come and take up the end of a rope, about two or three inches in circumference, and strike Pilcher over the back; he turned round to Carey and they struggled together, and both together fell over a gun by accident; then Carey left Pilcher, and went to the steerage from the main deck: Pilcher said, Are you going to fetch the scymiter again?

Q. Had he ever fetched it before?

Baston. He had once before to another man, and cut him in three places. Pilcher went from the larboard to the starboard side to the gunnel, and jumped overboard: seeing him overboard I came down, and then I saw the prisoner with this scymiter (holding one in his hand) swaggering about how we would serve him if he came in.

Q. What were the words?

Baston. He threatened him: I really can't say the words. I said are you going to drown the man; he turn'd round and pointed the scymiter to my breast: I said he is a kinsman of mine, and I am afraid he will be drowned. Said the prisoner, I'll take care he shall not be drowned, let him come in. I called out to Pilcher and said he will not hurt you; upon which he came in: there was some words past between them after that, I can't say what: then with this hanger the prisoner made an attempt to cut the deceased, he did not cut him, but drew his hand and made a fair stab at him the poor young man clapped his two hands to the wound and cry 'd, O Lord! just walked from one side to the other, and dropt directly: the wound was a little below the breast-bone: I believe he died in about a minute.

Q. Had Pilcher given any other provocation?

Baston. I know none he had given him than what I have related.

Prisoner. I was chief mate, and desired to know what they were going to fight for.

Baston. The carpenter never came near Pilcher.

Q. Did he strike Pilcher in order to prevent his fighting with the carpenter ?

Baston. I can't tell that: I did not hear the prisoner mention one word before he struck him.

Q. from the prisoner. How could that witness hear what passed between the deceased and I when he was in the fore-top ?

Baston. I heard every word that passed, for I was down when he stabbed the deceased: I was in the gang-way when he was in the water.

Q. from the prisoner. When I came out with the hanger in my hand, did I not order you all to your duty?

Baston. I was at my duty, but came down when Pilcher was in the water.

Q. from the prisoner. How can that witness remember when he was so intoxicated?

Baston. I was not in liquor: the prisoner was a little in liquor.

Q. Was the scymiter drawn in his hand when Pilcher came into the ship again?

Baston. It was.

Q. How long was the time from his coming into the ship again and the prisoner wounding him?

Baston. About three or four minutes I believe.

Q. Did you see any blows pass between the time of his coming into the Ship and the Wound given?

Baston. No, none at all: this was on deck on the starboard side.

Q. Do you know of any disagreement or quarrel between them before that time?

Baston. They had some words in the passage; about six, eight, or ten days before the prisoner had called the deceased to come aft to him; the other said, Do you think I am such a fool to come aft to be licked?

Q. Where was Capt. Gregory at the time this was done?

Baston. He was on shore.

Joseph Channon . I belong to this ship: there was a quarrel between Godfrey Miller , the carpenter, and the deceased; but I did not see that; they were to come down to the main deck to fight it out: after Pilcher came down and stripped himself, he wanted the carpenter to come down: Carey said he'd have no disturbance on board the ship, and took a two inch and half rope, and beat Pilcher on the back; Pilcher turned about, they struggled together, and both tumbled over a gun on the deck: then the prisoner got up again, and ran into the cabin; Pilcher got up and said, G - d d - n you, are you going for your hanger? if you do, I'll cry out murder! he did, three or four times, and ran to the starboard side of the ship, and jumped overboard. The prisoner came and stood on the gunnel, swaggering, with his hanger in his hand, cursing and swearing, and threatning Pilcher, who was swimming in the water by the side of the ship: then every man belonging to the ship came down, and desired him to put the hanger aside, and not to drown him: then the prisoner called to him, and said, Adam, come in, I'll not hurt you. He came in: there were a great many ill words past between them on the main-deck on both sides; afterwards Carey had the hanger in his hands, he went up with it, and said, G - d d - n you, I have a mind to cut you down, made a push at him, and run him into the body a little below the breast-bone; the deceased said, O Lord! clapp'd his hand on the wound, and ran backwards to the larboard side of the deck, and fell directly.

Q. Had the deceased any thing in his hand?

Channan. He had nothing at all; he had only his trowsers and pumps on.

Q. from the prisoner. Did not that evidence come down out of the main-top, and tell me the carpenter and Adam were going to fight ?

Channan. No, I did not: I was up in the maintop and sent the top-gallant-mast down; Mr. Brown had called me before out of the round-top.

Q. from the prisoner. Did not you see Pilcher knock me down?

Channan. I never saw him hold up a hand to the prisoner: I believe they both fell by accident, and that Pilcher fell undermost; my reason for it is Carey's running for the hanger, which shewed he must be on the top.

Q. Did the prisoner throw the deceased down?

Channan. No, he did not: getting the topmast down, there was much lumber, the topmast boom lying on the deck.

Q. from the prisoner. Did not I say, Brown, come and release me?

Channan. He did not come near you.

Q. from the prisoner. Was not you much in liquor?

Channan. No, I was no more than I am now.

Q. Was the other evidence in liquor?

Channan. No, I can't say he was; Pilcher was a little in liquor.

Q. from the prisoner. Had you not been drinking, when I admonished you for it?

Channan. You never said a word to me that I had been drinking; neither had I.

Q. Where was you when the wound was given?

Channan. I was standing on the main-hatches, and saw it given.

Q. Did Pilcher strike the prisoner after he came into the ship?

Channan. He did not, or lift his hand to him.

Edmund Jones . I was on board at the time this unfortunate thing happened. On the 26th of April last, we were busy on board the ship in Leghorn-mould ; Capt. William Gregory was on shore, the prisoner was then commanding officer on board ; as I was at work on the quarter-deck, I saw Pilcher come down the shrouds, and Godfrey Miller , the carpenter, following him; I saw Pilcher strip himself to his waist; Carey clapp'd his hand to the carpenter's breast, and what he said, I don't know: he stopp'd him, and he went off the quarter-deck to the main-deck; by and by I saw the deceased jump over-board, I ran to see what was the meaning of it, and met the prisoner with a hanger drawn in his hand. I said, pray be so good as to put it by: he said, d - n you, you old villain, go and attend your duty; I went to my duty: then I heard the cry of murder: I ran and saw the deceased falling; I took him in my arms, and before I could take my handkerchief to tye about him, he was dead in my arms: he had no weapon : I never saw him lift a hand against the prisoner: all the words I heard pass after the man was dead was, Can't we get a doctor or relief for the man ?

Q. Did you see them both fall over a gun, or striking with a rope?

Jones. No, my lord, I did not.

Q. Did you look at the wound after he was dead?

Jones. I did; I saw it opened a little below the breast-bone; I don't know whether it went upwards or how; I was sober, and I believe the other two evidences were all sober; Pilcher was a little in liquor.

Prisoner's defence.

I was the commanding officer on board at that time; it was very provoking for them to go to fight, to neglect their duty, and make a mutiny in the ship: when I went to the deceased, he abused me, and said he would not go to his duty, and asked me what I would do to make him. I believe I said, I shall soon make you, and took up a small rope that belongs to one of the main-top-fails : he jumped on me with his head in my breast, and shoved me over one of the guns. The second mate came and released me from him; just as I had got clear of him, down came Baston and four more out of the round-top, over the forecastle, swearing they would cut the son of a bitch's gullet out; I imagined it to be myself, I asked them whose gullet they would cut out: said one of them, why should we be debarred from taking satisfaction; said I, if you have any quarrel, go on shore and dispute it; for it shall not be aboard the ship, you have drank yourselves on purpose, to do what you threatened to do at sea on me; I will take care to prevent it: as I spoke those words, four of them drawed up to me, as though they would seize me, I got to the quarter-deck for safety, Baston made an offer at me to knock me down, and I made a pass at him to shun him; this was repeated three times : I made a shift to get at the top of the ladder: then I said you villian offer to touch me once more upon your peril. I went to the carpenter, and labouring a quarter of an hour to get him off the deck: I desired them to get him to sleep, after that Baston came to the foot of the ladder and said, will not you let us take the man in, he is in liquor, he has been over-board, and we fear he will be drowned: said I are not you a parcel of villians to let him be over-board, and not suffer him to come in: said Baston he is afraid of you, said I why need he be afraid of me? I want you to go to your duty, I will not hurt a hair of his head: I stooped down over the gang-way, and looking over the side, and saw him standing on the bend of the ship, (not in the water,) holding the chain plates: as soon as he discovered me, he threw himself in the water again: then Baston and I called to him, Baston said, come, never fear boy, I will stand by you while I have life: I said, I beg you will come in and dress yourself, and get up to the main-top to your duty: I just turned myself about, and spoke to the men that were forwards, that belonged to the fore-top, they refused going to work, and swore they would not do any more duty except I would let them have their satisfaction on the carpenter. I told them I would not suffer it; a man called out of another ship, and asked what was the matter? Baston came on the gunnel where I stood, and said, here is a d - d Dutch-built son of a bitch; the carpenter has affronted my brother, and here is a son of a bitch of an officer with a scymiter will not let us have satisfaction of him: he answered D - n him, heave him and his scymeter over board: Baston said, I will lose the last drop of blood in my body but he shall: as he spoke these words, I had the hanger in my hand, I struck upon the gunnel; said I, while I have breath I will not suffer such a thing, and insist on your going to your duty: just as I spoke, I turned my head round, the deceased knocked me down with my side against a gun, and my shoulders against the ship's gunnel: and the hanger was in my hand, he came against the point of it: he stooped down to take up a hand-spike, and raising himself up again, made a little halt, and came about half way to where I was, and dropped down on his back-side: then the people came from the quarter-deck and took him up. Baston was talking to a man all the time, and hearing the report of it, turned to me, and said, you have killed the man: no said I, not to my knowledge: he called for some people to come on board to assist him: I took hold on the deceased and found him in a cold sweat, and said for God's sake, go and get a Surgeon, and bid them go to a great Dutch ship at a little distance for one: the people came on board from the next ship, one man said, I believe if you open a vein, he will come too, he is only in a fit, I went into the cabbin, they wanted to get my hanger from me to cut me to pieces: they were a good while breaking open my chest, the Captain is dead, and the ship is sold: I would have got the second mate for an evidence, but he is at Lisbon.

Q. to Baston. Did the deceased fall on the prisoner's sword?

Baston. He was far from that, the prisoner first made a cut at him, then stabbed him, and not a man offered to lift a hand against the prisoner.

To his Character.

Lewis Pierce . I have known Carey 14 or 15 years: he has been a near neighbour of mine in London: he was always a very modest, sober, honest man, I have known him receive a great many affronts, and never known him quarrelsome in my life: I have been a sea-faring man, but not within this 17 years.

William Securplace . I have known him 15 years and upwards, I sailed under him, he was a very good man both for himself and owners of the ship, I have been acquainted with him in New-England, Carolina, and all parts almost.

Acquitted .

4. William Ballard , was indicted for the murder of Jones Dawling , on the high seas, about 15 leagues, from the town of Kelsey in the county of York , within the Jurisdiction of the Admiralty of England , May 10, 1751 .

Hugh Heyney . The prisoner was master of a fishing vessel that belonged to one Mr. Bloys, Jones Dawling was an apprentice on board the vessel ; the prisoner ordered him to prepare breakfast for the ship's company, he went about it and did it, according to his orders: either in not stirring fast enough, or what I don't know, the prisoner took up a quarter of a firkin, about three quarters of a pound weight, and flung it at the deceased, not with great violence: it hit him on the fore part of the head, near the temple, the minute he received it, he clapp'd his hands to the side of his head, and said, O you have killed me, you have killed me! he lived about 12 hours afterwards.

Q. Do you believe he died of that wound?

Heyney. No, I believe he did not; he did his duty six hours after that, and eat afterwards: he received the blow about eight o'clock in the morning, and about 10 minutes after 8 at night he died.

Q. Did there appear any bruise on his head?

Heyney. No, there did not; he seemed very drowsey and ill, and stirred very slow, before he received the blow,

Q. Was the half firkin full or empty ?

Heyney. It was empty, it was used to put bait in.

Cross examined.

Q. How long have you been acquainted with the prisoner at the bar?

Heyney. About 4 years, he is a very sober man.

Q. How had he used to behave to you?

Heyney. He never used me ill, he always made me know my distance, as other masters do servants.

Q. Did you ever see him strike the boy before?

Heyney. No, I never did in my life.

Benjamin Baster . I am a foremast hand on board the vessel the prisoner was in; I remember in the month of April, between the hours of 7 and 8 in the morning, the prisoner ordered the deceased to put the fish into the kettle; he bid him stir, he did not stir fast enough to his mind; the prisoner threw a piece of a tub at him straight forward; he was about 14 feet from the deceased, it struck him near the fore part of his head, as he stood sideways to the prisoner.

Q. Did he throw it in a passion?

Baster. He did, the poor lad said O Lord! I am dead! he went on with his work, and died about ten minutes after eight at night.

Q. When was he buried?

Baster. He was buried about ten the next day, upon a place called Spoon-Point, that is the first land we were at we sowed him up in 2 Bakers sacks and dug a hole in the ground by the prisoners order.

Q. Did you see any wound on the deceased's head?

Baster. I looked on his head and there was no wound at all; I don't think the blow hurt him so as to be the occasion of his death.

Q. Recollect what evidence you gave at Harwich ?

Baster. It was to the same purport I do now.

Q. What do you think he died of?

Baster. I can't tell, God almighty called him away.

James Dean . I am an apprentice to Mr. Bloys of Harwich, the master of this vessel: I was in April last under the command of the prisoner; the deceased got up in the morning, and the prisoner ordered him to put some fish in the kettle, he did not stir brisk enough, he called to him 2 or 3 times, he did not seem to stir, after he had stood at the kettle a good while, he takes up a quarter firkin and heav'd it at him not very hard, he was about 14 or 15 feet distance from him, it hit him on the temple, he said, O Lord, my head aches : then the prisoner being in a passion took a piece of rope about the bigness of my finger, and licked him about the back and loyns for about a minute, the boy liv'd 12 hours after this, I saw him after he was dead, and felt, and looked all about his head, and could see no wound.

Q. What do you think was the occasion of his death ?

Dean. I can't think he died of that blow, I hope to go under the prisoners command again if he is acquitted.

Q. Were was this?

Dean. It was upon deck.

Q. How long after he flung this firkin at him was it that he struck him with the rope.

Dean. Immediately after he beat him for crying: I thought it something extraordinary that he should die so suddenly: I was with the deceased the evening before he died, he went down to his cabbin about 3 in the afternoon: he went forward in the vessel, and laid his hand on his head, and said, I shall die, for master Ballard has killed me.

Q. Who heard this?

Dean. Only one man and me.

Q. Was you examined before?

Dean. I was at Harwich.

Q. Did not you there swear that you thought it was the cause of his death?

Dean. We thought the firkin had done him some damage, because he complained of his head, but I did not hear that was the cause of his death.

Q. What did you think when he died?

Dean. I don't know; I looked over his forhead and aback, and could not see a wound or any part discolour'd, he had laid in his cabbin about 3 hours, then he was sent for to come out by the prisoner, and was speechless.

Cross examined.

Q. How did the prisoner behave to him ?

Dean. Always very kind, only when he did not do as he would have him, he was sometimes in a passion; this was done in a passion, and it did not knock the boy down when it hit him.

Arthur Everit . I did not see the thing flung, I saw Dawing about 4 hours before he died, the first complaint was, that his head ach'd: about an hour after that he said he should die, his master Ballard had killed him: I could not perceive whether he was sensible or not, these were the last words I heard him speak: I looked upon him after he was dead and saw no bruises.

John Moore . I have known the prisoner about 8 or 9 years, I have been in company with him since April last, I had some conference about the death of this lad 3 months ago: and hearing he had killed this boy, went to Mr. Bloys's, to whom I turned the deceased over, and told Mr. Bloys I heard Ballard had killed the boy; the prisoner came to me, and begg'd of me not to take him up, saying, if I did, he must be hanged, and own'd he knocked him down with a bait tub; then he lay sulky on the deck after that; then he went and licked him with a ratling. 4 times double, the bigness of my finger: after that he sent for Mr. Bloys to come to me; Mr. Bloys had got the gout : Mr. Bloys said the prisoner was a very usefull man, and gets me a great deal of money, and if I took him up he must be hang'd; he said he knew the prisoner had kill'd the boy, I insisted upon Mr. Bloys's taking the deceased up again, or I would : I went directly to the Mayor, and got a Warrant, and took the prisoner up: he own'd before the Mayor he did kill the boy, but did not do it wilfully; this was on a Saturday, and on the Monday the Mayor called a court at the Town-hall, when those lads, the other witnesses, came there, and made affidavit, that the prisoner did kill the boy.

Cross examined.

Q. Have you ever said, you'd have the prisoner's blood?

Moore. No, I never did: I said, blood required blood.

Q. When did you make an information of this affair?

Moore. As soon as ever I knew it: Lieutenant Farr was the first that informed me of it.

Q. Did you see any wound on the head, or body, when the body was taken up?

Moore. I can't say there was any mark on either.

Prisoner's defence.

I said to all these witnesses on board, look on him, and see if there is any wound upon him, speak the truth when you go home, and if you think I wrong'd this lad, don't let a drop of blood lie upon me; they all said, master, it could be no such thing, it could not happen from that ; I never saw the Deceased's countenance change till about three or four in the afternoon.

For the prisoner.

Thomas Basket . I am Mr. Corbell's head brewer at Harwich : I know Mr. Moore, he keeps a publick house at Harwich : I had some discourse with him concerning the prisoner last Michaelmas Day at night. I went to see the prisoner, and we sent for some beer to the White Horse at Harwich. When I went home, my master sent me to Mr. Alcock's, at the Spread Eigle ; there was Mr. Moore drinking a pint of Bumbo; three of us spent sixpence, as we were walking about the prisoner there, Moore said, you sent for beer from the White Horse for him, but d - n my soul I'll have Ballard's life for it, I have been acquainted with Mr. Moore ever since I have been at Harwich, that is about 6 years; he never had a good character in his life.

Ann Bloys . The prisoner was master of my husband's vessel, I remember the time the prisoner returned from fishing, I asked him how the boy came by his death, and how he was taken; they told me he was taken suddenly in the morning, and died at night; the prisoner is a very honest sober man, I don't think he would designedly do any body harm; I know this Moore to be a very worthless fellow, and one that bears a very bad character.

Acquitted .

The Trials being ended, his Lordship passed Sentence of Death on James Lowrey .

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